IN THE CASE OF:	  

		BOARD DATE:	  21 November 2013

		DOCKET NUMBER:  AR20130016293 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests a corrected copy of page 2 of his Noncommissioned (NCO) Evaluation Report (NCOER) for the period 16 June 2009 to 15 June 2010 (hereafter referred to as the contested NCOER) be filed in his Army Military Human Resource Record (AMHRR) and removal of the current page 2.

2.  The applicant states the initial copy of the contested NCOER submitted was a hard copy.  Page 1 of the initial hard copy was signed and placed along with two page 2's.  One page was in corrections at the time and the other page was the corrected page.  The S-1 clerk at the time who received the contested NCOER for submission only saw the signed page 1 and the next page, which was the page in corrections.  The second page with the corrections was never submitted to the U.S. Army Human Resources Command (HRC).

3.  He states, in effect, the following errors are contained in the following sections of Part IV (Values/NCO Responsitilities):

	a.  "Competence" bullets are not in the same order as the corrected copy;

	b.  "Leadership" bullets are spaced incorrectly and missing one; and

	c.  "Responsibility and Accountability" bullets are not in the same order as the corrected copy.

4.  He also states, in effect, Part V (Overall Performance and Potential) bullets are incomplete or missing.

5.  The applicant provides:

* a copy of the contested NCOER
* a copy of page 2 of the contested NCOER with "corrected copy" handwritten across the top
* his appeal of the contested NCOER to HRC
* a memorandum from HRC to the applicant, dated 20 August 2013
* his Enlisted Record Brief
* email between the applicant and HRC, dated from 5-29 October 2012

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently a sergeant first class serving on active duty in the Regular Army.

2.  The contested NCOER is an annual report for the period 16 June 2009 through 15 June 2010.

3.  He provided two copies of page 2 of the contested NCOER.  Across the top of one of the copies he wrote "corrected backside."

4.  Part IVb (Competence) of the contested NCOER contains the following bullets:

* successfully flew in excess of 150 accident-free hours in support of Flight School XXI training program while expertly performing crew chief duties
* his forward thinking, planning, and invaluable experience played a vital role in the cohesion between Flight School XXI and warrant officer school operations
* completed six semester hours of college working toward a Bachelor's Degree in General Studies while maintaining a 3.18 GPA

5.  Part IVb of the "corrected backside" submitted by the applicant contains the following bullets:

* completed six semester hours of college working toward a Bachelor's Degree in General Studies while maintaining a 3.18 GPA
* successfully flew in excess of 150 accident-free hours in support of Flight School XXI training program while expertly performing crew chief duties
* his forward thinking, planning, and invaluable experience played a vital role in the cohesion between Flight School XXI and warrant officer school operations

6.  Part IVd (Leadership) of the contested NCOER contains the following bullets:

* planned and resourced the flight training of 12 crewmembers and readiness level training of five new crewmembers including day, night, and NVG progression
* ensured Soldiers on [sic] his Platoon was [sic] proficient and currently trained in MOS related skills resulting in over 450 accident-free flight hours in support of Army flight school

7.  Part IVd of the "corrected backside" submitted by the applicant contains the following bullets:

* planned and resourced the flight training of 12 crewmembers and readiness level training of five new crewmembers day, night, and NVG operations
* ensured Soldiers on [sic] his Platoon was [sic] proficient and currently trained in MOS related skills resulting in over 450 accident-free flight hours in support of Army flight school 
* completely dedicated to providing the leadership and direction to ensure the success of his subordinates while ensuring the units [sic] mission was always accomplished

8.  Part IVf (Responsibility and Accountability) of the contested NCOER contains the following bullets:

* contributed to the unit flying over 15,000 accident-free hours in one fiscal year while training more than 150 US Army and allied aviators
* personally verified, processed, and follow up [sic] in two cases as the casualty assistance officer resulted in the bereaving families were [sic] being taken care to the uptmost [sic] standards
* identified manning and resources issues with chain of command to ensure the Army maintained a professional, safe, and standardized CH-47 flight training program

9.  Part IVf of the "corrected backside" submitted by the applicant contains the following bullets:
* 
personally verified, processed, and follow up [sic] in two cases as the casualty assistance officer resulted in the bereaving families were [sic] being taken care to the uptmost [sic] standards
* contributed to the unit flying over 15,000 accident-free hours in one fiscal year while training more than 150 US Army and allied aviators
* identified manning and resources issues with chain of command to ensure the Army maintained a professional, safe, and standardized CH-47 flight training program

10.  Part V (Overall Performance and Potential) of the contested NCOER contains the following bullets:

* promote to Master Sergeant
* continue to send to career enhancing schools

11.  Part V of the "corrected backside" submitted by the applicant contains the following bullets:

* promote to Master Sergeant ahead of peers
* continue to send to career enhancing schools
* consistently provides well-considered, mature opinions and judgments
* has demonstrated unlimited potential, continue to assign in positions of higher responsibility

12.  Army Regulation 623-3 (Evaluation Reporting System) prescribes the policies for completing evaluation reports that support the Evaluation Reporting System.

	a.  Evaluation reports accepted for inclusion in the official record of a Soldier are presumed to be administratively correct, to have been prepared by the proper rating officials, and to represent the considered opinion and objective judgment of rating officials at the time of preparation.  To justify deletion or amendment of a report, the appellant must produce evidence that establishes clearly and convincingly that the presumption of regularity should not be applied to the report under consideration or that action is warranted to correct a material error, inaccuracy, or injustice.  Clear and convincing evidence must be of a strong and compelling nature, not merely proof of the possibility of administrative error or factual inaccuracy.  The burden of proof rests with the appellant.

	b.  Paragraph 3-39 states evaluation reports accepted for inclusion in the official record of a Soldier are presumed to be administratively correct, to have 

been prepared by the proper rating officials, and to represent the considered opinion and objective judgment of rating officials at the time of preparation.

	c.  Paragraph 6-11 states the burden of proof rests with the appellant to justify deletion or amendment of a report.  The appellant will produce evidence that establishes clearly and convincingly that:  (1)  the presumption of regularity will not be applied to the report under consideration and (2)  action is warranted to correct a material error, inaccuracy, or injustice.  Clear and convincing evidence will be of a strong and compelling nature, not merely proof of the possibility of administrative error or factual inaccuracy.

DISCUSSION AND CONCLUSIONS:

1.  Evaluation reports accepted for inclusion in the official record of a Soldier are presumed to be administratively correct, to have been prepared by the proper rating officials, and to represent the considered opinion and objective judgment of rating officials at the time of preparation.

2.  To support removal or amendment of a report, there must be evidence that clearly and convincingly establishes this presumption of regularity should not be applied and action is warranted to correct a material error, inaccuracy, or injustice.  Clear and convincing evidence must be of a strong and compelling nature.  The burden of proof rests with the appellant.

3.  The applicant did not provide sufficient evidence to overcome the "presumption of regularity" and there is no evidence the contested NCOER was not a fair, objective, and valid appraisal of his demonstrated performance and potential during the period in question.  The applicant has failed to provide clear and convincing evidence to overcome the presumption of regularity.

4.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   x_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20130016293



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ABCMR Record of Proceedings (cont)                                         AR20130016293



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